Registration of Medical Practitioners and Licence to Practice Medicine Regulations, 2023

No. R.15021/04/2022-EMRB-Reg.—Inexercise of the powers conferred by clauses (zj), (zk) and (zl) of sub section (2) of section 57; of the National Medical Commission Act (30 of 2019), the National Medical Commission hereby makes the following Regulations.

1. (i) These Regulations may be called the “Registration of Medical Practitioners and Licence to Practice Medicine Regulations, 2023”.

(ii)   They shall come into force from the date of their publication in the Official Gazette.

2. Definitions: Unless the context demands otherwise, in these Regulations the followingshall have the defined meaning as below –

a. “Additional Qualifications” are those qualifications other than the Primary Medical Qualifications duly recognized under Chapter VI of the NMC Act 2019 and obtained by Registered Medical Practitioner as per Post Graduate Medical Regulations.

b. “Foreign Medical Graduate” will be an Indian Citizen who has duly qualified to practice modern  / allopathic system of medicine, as currently recognized as a Primary Medical Qualification by the National Medical Commission, from an university / institution overseas but does not have primary medical qualification (undergraduate medical degree), from an Indian university or Indian medical college or an Indian institution.

c. “Indian Medical Register” as defined under Indian Medical Council Act, 1956, the medical register maintained by Ethics & Medical Registration Board (EMRB) of the National Medical Commission before coming into force of the National Medical Register (NMR).

 

d. “Sponsor/supervisor” shall be a registered Medical Practitioner and having valid Unique Identification (UID) Number and have licence to practice in India.

e. “Sponsored foreign medical Practioner” shall mean a medical practitioner of a foreign country who has been sponsored for temporary registration.

f. “Temporary Registration” shall mean the registration of a Foreign Medical Practitioner who has been granted Temporary Registration for a specific purpose in India and for a specified period of time under such stipulation or such other conditions that may be specified under these Regulations. Words and expressions used in these Regulations and not defined herein but defined in the National Medical Commission’s Act, shall have the same meaning assigned to them in that Act.

i. Any person who has passed the qualifying examination of any University or medical institution in India for the grant of a recognized medical qualification shall be entitled to be registered provisionally for the purpose of internship training and on an application made for provisional registration to the concerned State Medical Council.

ii. Any person who obtains a foreign medical qualification and qualifies the National Exit Test (NExT) held under section 15 of the Act, and fulfils conditions specified in the Foreign Medical Graduated Regulations, 2021 may also be granted provisional registration for doing internship by the concerned State Medical Council.

i. Any person who obtains a primary medical qualification recognized under the National Medical Commission Act, 2019 and qualifies the National Exit Test held under section 15 of the Act, shall be entitled for grant of registration in NMR.

ii. Any person who obtains a foreign medical qualification and qualifies the National Exit Test held under section 15 of the Act, shall also be entitled for grant of registration in NMR, subject to fulfilment of conditions specified in the Foreign Medical Graduates Regulation, 2021.

iii. Generation of Unique Identification (UID) Number: An UID shall be generated centrally by the Ethics & Medical Registration Board (EMRB), National Medical Commission (NMC) and thereby grant the practitioner, Registration in NMR and Eligibility to practice medicine in India.

iv. A processing fee for generation of UID (as prescribed by EMRB, NMC from time to time shall be payable), in favour of the Secretary, NMC. Until such time that these Regulations and appropriate sections are in force, licence topractice and prevailing system of Registration shall continue.

i. The Ethics and Medical Registration Board shall maintain a National Register of medical practitioner. The National Register shall contain all the entries of the registered medical practitioners of all State Register maintained by the State Medical Councils.

ii. The National Medical Register shall be made available to the public by placing it on the website of the National Medical Commission and shall display the following information in respect of a medical practitioner:

• a) Registration No.
• b) Name:
• c) Father’s Name
• d) Date of Registration
• e) Place of Working (Name of the Hospital/Institute)
• f) Medical qualification including additional medical qualification
• g) Specialty
• h) Year of passing
• i) University
• j) Name of the Institute(s)/University(s) (Where qualification obtained)

• a) For the purpose of obtaining licence, a person may apply through a web portal of the Ethics & Medical Registration Board containing such details as specified in the electronic format.
• b) The eligible person may opt any State/States to practice medicine and the application so made through the web portal shall be referred to the concerned State/ States Medical Council.
• c) The State Medical Council shall satisfy themselves and consider the application for grant of licence to practice medicine in that state after charging appropriate fee within a period of 30 days.
• d) The certificate of licence shall contain a registration number which shall be formed in such a way that a Unique Identification Number shall be suffixed with a Code of the concerned State/Union Territory.
• e) On approval of the application by the State Medical Council, the same shall be reflected in the National Medical Register and alsoin the State Medical Register.

i. As and when a Registered Medical practitioner, obtains additional medical qualification recognized under the National Medical Commission Act, 2019 shall apply to the concerned State Medical Council for entering additional medical qualification against his/her name in the State Register/National Register.

ii. After scrutiny of the application for Additional Qualification (s), a new Registration Certificate, with the same number, incorporating the additional qualification (s) and the date of entering the additional qualification, shall be issued to the applicant.

iii. On registration of additional medical qualification in the State Register, the entry thereof shall automatically be made against the name of the medical practitioner in the National Register.

iv. A licenced Practitioner with registered Additional Qualifications shall be allowed to practice in the field of specialization/super-specialization commensurate with additional knowledge and skill obtained, as applicable to the additional qualification anywhere in India with all its privileges as the case may be.

v. The details of the period of validity of the Certificate shall remain as in the original certificate with a mention of date incorporating the additional qualification (s).

vi. Before, the National Register comes into force the existing system of the registration of the additional qualification shall continue.

i. The licence to practice medicine issued to a registered medical practitioner shall be valid for a period of Five years after which the medical practitioner shall have to renew the licencing by making an application to the State Medical Council as per the procedure specified under clause 6 (ii) of these Regulations.

ii. The application for renewal of licence may be made before three month of expiration of the validity of licence.

iii. Provided that if no application is received within three month of expiration of the validity of licence, the entry of the name of the medical practitioner in the State Register shall be converted as inactive and the person shall not be entitled to practice medicine. The entry of the status – ‘inactive’ made in the State Register against a medical practitioner, shall automatically reflected in the National Register.

i. If any medical practitioner registered with the State Medical Council, desirous to practice medicine in another State may apply to the concerned State through the web portal of the Ethics & Medical Registration Board in accordance with the procedure specific in Clause 6(ii) of these Regulations.

ii. On submission of an application for transfer of Licence to Practice, an intimation shall be received by the State Medical Council where the medical practitioner is registered for  practice and the State Medical Council within a period of 30 days shall approve the application for transfer of Licence to Practice, if it has no objection thereon.

iii. If no decision is taken within 30 days of receipt of the transfer of registration the same shall be deemed to have been approved.

 

iv. On receipt of an application for transfer of Licence to Practice by the State Medical Council of the state where the medical practitioner desires to practice, shall subject to the requirement of clause (i) and

(ii) above, issue aLicence to Practice certificate to practice medicine in that state.

Provided that the unique number of the registration shall remain the same and the prefixed Code of the concerned State/Union Territory shall be substitute with the Code of the new State/Union Territory.

v. The changes made in respect of the State, shall automatically reflected in the National Register. 10 Removal and Restoration of Registration

i. If the name of a registered medical practitioner is removed from the State Register under the provisions of the Regulations framed by the National Medical Commission, permanently or temporarily, the State Medical Council concerned, shall make an entry against the name of the concerned medical practitioner for the effect in the State Register.

ii. On restoration of name of any registered medical practitioner in the State register under the provision of the Regulations framed by the National Medical Commission, the State Medical Council concerned, shall make an entry against the name of the concerned medical practitioner for that effect in the State Register.

iii. The entries made for removal or restoration of name in the State Register, shall automatically reflected in the National Resister.

All the existing medical practitioner enrolled in the Indian Medical Register or the State Medical Register, not having the registration number as per these Regulation shall update in the web portal of the Ethics & Medical Registration Board within aperiod of three months of publishing of these Regulation and obtain the Registration Number as a onetime measure and the licence so generated shall be valid for periodof five years from the date of issuance. For the purpose of updating of licence of such medical practitioner, no fee shall be charged by EMRB, NMC.

i. If the application of a candidate for grant of licence to practice /for renewal is rejected by the State Medical Council on any ground, the applicant concerned may file an appeal to the Ethics and Medical Registration Board against the decision of the State medical Council, within thirty days of receipt of such decision.

ii. Such an appeal may be submitted to the Secretary, National Medical Commission along with the following:

• a. Original application submitted to the State Medical Council.
• b. Copy if order/communication received from the State Medical Council for rejection of the appeal.
• c. A written application contending the grounds of rejection.
• d. A processing fee (as prescribed by EMRB, NMC from time to time),in favour of the Secretary, NMC.

iii. The Ethics and Medical Registration Board shall examine the appeal and take a decision within thirty days. If the appeal is allowed by the Ethics and Medical Registration Board, it may pass an order for the State Medical Council to grant licence to practice to the applicant and the order so passed by the EMRB shall by binding on the State Medical Council. In such case, the State Medical Council shall forthwith and not more than fifteen days of receipt of such order, shall grant licence to practice to the applicant.

iv. In case, the first appeal is rejected by the EMRB, the applicant may file a second appeal to the NMC, within a period of sixty days from receipt of communication form EMRB. If the appeal is allowed by the NMC, the procedure specified under clause 12 (iii) shall be followed. The decision of the NMC shall be final.

 

A foreign citizen1 who is enrolled in his country as a medical practitioner in accordance with the law regulating the registration of medical practitioners in that country on being sponsored2 to practice medicine in India may be permitted3    temporary registration4     for the following purposes:

i. For pursuing Postgraduate and Super-Specialty courses recognized under the National Medical Commission Act, 2019.

ii. Fellowship/Certificate Courses/Clinical Research/Clinical Training/Observership.

iii. Expert Visit- for providing the training in techniques/procedures required in various areas of the medical profession and not available in the country.

iv. Voluntary Clinical Service- Visiting as a doctor for performing community service.

13.1. Procedure for making application:

i. A foreign citizen5, enrolled in his/her country as a medical practitioner in accordance with the law regulating the registration of medical practitioners in that country, may appear in the concerned entrance examination for admission to the medical qualification recognized under the National Medical Commission Act, 2019.

ii. The foreign citizen on qualifying the entrance exam gets admission in the medical course in any Institute may apply to the NMC  for grant of temporary registration along with the following documents through the web portal of the Ethics and Medical Registration Board:

• a. Documents/ certificate of qualifying primary medical course.
• b. Certificate of enrolled in his country as a medical practitioner in that country
• c. Score Card of the entrance examinations
• d. Allotment Letter issued by the concerned Counselling Authority for admission
• e. Admission Letter issued by the Medical Institution.
• f. A processing fee (as prescribed by EMRB, NMC from time to time), in favour of the Secretary, NMC.

iii. On scrutiny of the application, if the same is found to be correct as required in these Regulations, the Ethics and Medical Registration Board may grant a temporary registration to the foreign national for the duration of the Post Graduate/ Super Specialty course limited to the Institute/ Medical College to which he/she is admitted.

i. A foreign citizen may be allowed to do Fellowship/Clinical Research/ Clinical training / Observership for enhancing their skill and competence through training or academic courses conducted in any Institute in India.

ii. For the purpose, the Institute may apply to the Ethics and Medical Registration Board through the web portal along with the following details:

• a) Name and registration certification of the foreign citizen (if applicable)

1  The right of the Foreign Nationals in the country are governed under the provisions of the Foreigners Act and therefore any permission shall be subject to the Guidelines/Notifications issued by the Ministry of Home Affairs in this regard.

2   The authority concerned with inviting/sponsoring a foreign national registered as a medical practitioner in that country shall be responsible for the conduct of the sponsored person.

3   The temporary registration may be cancelled, if the person breaches any of the Rules/Regulation or is found to be involved in activities outside of medical profession.

4      The duration of the temporary registration shall cease to be in operation on the end of the last date of the temporary registration or on the date of expiry of the valid Indian visa held by the registrant, whichever is earlier.

5    The applicant seeking temporary registration shall have granted the appropriate visa prescribe by the Government of India.

• b) Information  related  to  course  content,  duration,  training  facilities,  teaching,  and infrastructure facilities (details should be available on the website of the Institute)
• c) Details of fee being charged by the Institute.
• d) A processing fee (as prescribed by EMRB, NMC from time to time), in favour of the Secretary, NMC.

iii. On Scrutiny of the application, if the same is found to be correct as required in these regulations, the Ethics and Medical Registration Board may grant a temporary registration in respect of the foreign national which shall be provided for a maximum  period  of  12 months6 followed by a cooling off period of one year and shall be limited to the medical college/institution/hospital sponsoring the programme.

i. A Institute/ Medical College/ Hospital may invite foreign citizen enrolled in his country as a medical practitioner of modern medicine in accordance with the law regulating the registration of medical practitioners in that country, who possess medical knowledge, experience and skills commensurate with the concerned subjects/or as a resource person in seminar/ conference/ symposia/workshop for the purpose of providing training in techniques, procedures required in various areas of medical profession.

ii. For the purpose, the Institute may apply to the Ethics and Medical Registration Board through the web portal along with the following details:

• a) Name and registration certification of the foreign nationals
• b) Information related to the purpose of visit of foreign national
• c) Details of fee/remuneration being provided by the Institute.
• d) A processing fee (as prescribed by EMRB, NMC from time to time), in favour of the Secretary, NMC.

iii. On scrutiny of the application, if the same is found to be correct as required in these Regulations, the Ethics and Medical Registration Board may grant a temporary registration in respect of the foreign  national which  shall be provided  for the duration  of the programme/visit and shall be limited to the Institution/Medical College/Hospital to which he/she is attached.

i. A Institute /Medical College/Hospital/RMP may sponsor the visit of a foreign citizen enrolled in his country as a medical practitioner in accordance with the law regulating the registration of medical practitioners in that country, for the purpose of performing community service.

ii. For the purpose, the sponsoring authority may apply to the Ethics and Medical Registration Board through the web portal along with the following details:

• a) Name and registration certification of the foreign nationals
• b) Information related the community services
• c) A processing fee (as prescribed by EMRB, NMC from time to time), in favour of the Secretary, NMC.

iii. On Scrutiny of the application, if the same is found to be correct as required in these Regulation, the Ethics and Medical Registration Board may grant a temporary registration in respect of the foreign national which shall be provided for a maximum period of 12 months followed by a cooling period of one year and shall be limited to the medical college/institution/hospital sponsoring the programme.

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